National Real Estate Foundation brings nationally recognized
expertise to the field of charitable real estate gifts from $100,000 and more. National Real Estate Foundation is uniquely
qualified to answer questions.
What are the advantages of donating
real estate, rather than selling it?
The concept of donating versus selling, is most easily
explained with an example:
A 69 year old widow owns an office building. She
would like to maximize the benefits of the asset for
her children, and support her favorite charity, if
possible. The table below summarizes her options.
After careful consideration, she found the greatest
benefit to her children and the charity was to donate
the building.
| Real
Property Liquidation |
| |
Sale & subsequent
death |
Hold & subsequent
death |
Donation
|
| Value |
Appraised value $10mil; (example
assumes full sale price) |
$10 mil |
Donor gets credit for full amount
of appraised value ($10mil). |
| Sellers Current
Basis |
$500k |
$500k |
N/A |
| Sales Cost
|
$500k |
N/A |
Donor avoids any sales cost, recapture,
capital gains taxes, and a portion of his ordinary
income tax and eventually estate taxes. |
| Recapture on Sale
|
$3mil (tax $900k 30%) |
N/A |
| Capital Gains Tax
(25%) |
$1.5mil |
N/A |
| Net from Sale
|
$7.1mil |
N/A |
Annual income payment will be
arranged at $700k for the rest of donors
life (subject to income tax). |
| Federal Estate
Tax on Net From Sale |
$3.9 mil due at death |
$5.5 mil |
N/A |
| State Inheritance
Tax (7%) |
$500k |
$700k |
N/A |
| Heirs receive
|
$2.7 mil after tax |
$3.8** |
Upon death of donor, heirs receive
$6mil, tax free from life insurance trust fund.*
|
Additional notes:
In the "Sale" scenario, to generate an income
of $700k/year (as in Donation scenario) on the proceeds
after selling the property, donor would have to invest
long term safely at 11% rate of return.
*- Due nine months
from death in cash
**- Less sales cost
and discount for cash
Why shouldn't the trust officer
at my bank handle a real estate donation?
Banks outsource real
estate to designated brokers who may not be totally
qualified to handle a particular type of real estate.
Furthermore, the designated broker may not be an expert
in the area where a piece of real estate is located.
In addition, most real estate professionals are not
up-to-date on laws and regulations governing charitable
contributions.
The experts at National Real Estate Foundation recognize
these inherent pitfalls for trust officers. They are
dedicated full-time to supporting advisors, donors
and charities alike with a network of professionals
that have access to updated issues as they relate
to donated real estate.
Why shouldnt my estate-planning
attorney handle a real estate donation?
Attorneys are experts
at the law. Just as the bank trust departments outsource
their real estate services, estate planning professionals
must rely on outside professionals to complete these
real estate transactions. Donors should suggest that
National Real Estate Foundation be brought in as a service
provider in the real estate process.
It is National Real Estate Foundations responsibility
to manage real estate state transactions so that maximum
benefits for both the donor and charity can be achieved.
This can be accomplished at no additional cost to
the donor. A full-time commitment to real estate as
it relates to charitable giving provides National
Real Estate Foundation with the knowledge to structure
unique, creative, even unusual transactions that maximize
benefits to all parties.
Why shouldnt our usual real
estate contact handle a charitable donation?
Most commercial real
estate agents have no special training in the intricacies
of transactions associated with charitable donations.
Planned giving professionals
rarely have real estate expertise.
Clearly, special qualifications
are needed.
How often are the tax laws and
regulations that affect charitable donations changed?
The Internal Revenue Tax Codes are updated on an
on-going basis. National Real Estate Foundation is
constantly monitoring IRS changes to capital gains
taxes, ordinary income taxes, gift taxes and inheritance
taxes so they can provide individuals or corporations
with the most up-to-date advice.
How can donors find worthy charities?
The team at National Real Estate Foundation has spent years building relationships
and a knowledge of numerous charitable organizations.
Utilizing their extensive network, they can assist
you in identifying a charity that supports causes
that are important to you and/or your company.
What types of properties are typically
donated by the corporate sector?
Donating nonproductive
assets to charity can result in significant tax advantages
as well as philanthropic benefits. The knowledge base
at National Real Estate Foundation will help maximize the
tax benefits of such donations and design sophisticated
structures that meet a variety of corporate goals.
Give me some examples of how National Real Estate Foundation can help a corporation reach financial
and philanthropic goals?
Model 1 -- Employee
Benefits
Donor: Donates nonproductive
real estate assets into Charitable Remainder Trusts,
which fund corporate personnel packages for executive
incentives, severance or retirement.
Charity: Receives corpus
of the trust at termination date of trust.
Donor Benefits: Timely
property disposal. Tax benefits. Philanthropic funding
and alternative funding of employee benefit programs.
Model 2 -- Bargain
Sale
Donor: Sells property
through National Real Estate Foundation, a portion of
the sale price is returned to the donor and the
balance is gifted to one or more charities.
Charity: Receives the
partial contribution and either uses or liquidates
it.
Donor Benefits: Property
disposal with lower capital gains tax. Tax credit
for charitable contribution. Enjoys charitable goodwill
while fulfilling philanthropic commitments.
Model 3 -- Vacant
Land
Donor: Sells excess
land, originally purchased for a building program,
through National Real Estate Foundation. Land has greatly
appreciated but lays idle. Donation made to favorite,
qualified charity as land-lease or gift.
Charity: Either receives
right to use (e.g. recreational facility) or revenues
from sale.
Donor Benefits: When
sold, the current appreciated value of land provides
large tax benefits. When leased, the donor receives
tax credit for donation and expenses of the lease
payment. Enjoys goodwill and creates positive corporate
visibility in community.
Model 4 -- Donor
Advised Fund
Donor: Facilitated
by National Real Estate Foundation, donor transfers property
in which donor retains partial control of the charitys
donated distribution.
Charity: Receives an
ongoing income stream from fund.
Donor Benefits: Retain control and protects asset.
Receives tax credits. Enjoys positive community
relations and good will.
|